Supreme Court seeks LG’s stand on Farishtey scheme after plea by Delhi govt

The Delhi government filed a petition against the LG alleging that due to stoppage of funds, unpaid dues of ₹7.17 crore payable to private hospitals had mounted

​The Supreme Court on Friday asked Delhi lieutenant governor (LG) VK Saxena to make his stand clear on the stoppage of funds for the Delhi government’s Farishtey scheme, which promises free medical treatment for road accident victims, and said that exemplary cost will be imposed if it is found that the court was taken for a ride in the case.

The bench of justices BR Gavai and Sandeep Mehta asked the Delhi lieutenant governor (LG) to file an affidavit in two weeks after senior advocate Sanjay Jain, representing the LG, submitted that the LG’s office was not involved in the matter. (Mohd Zakir)

The court was hearing a petition filed by the Delhi government against the LG alleging that due to stoppage of funds for the scheme for the past one year, unpaid dues of ₹7.17 crore payable to private hospitals had mounted. On December 8, the top court issued notice on the petition and sought a response from the LG after being told that the Farishtey scheme launched in 2018, which benefitted approximately 23,000 road accident victims, required to be re-operationalised.

The bench of justices BR Gavai and Sandeep Mehta asked the LG to file an affidavit in two weeks after senior advocate Sanjay Jain, representing the LG, submitted that the LG’s office was not involved in the matter.

Jain informed the court that “much ado about nothing” was created by this petition, which he described as a “storm in a teacup”. “It is not a matter where there was an issue between the council of ministers and LG.” Jain said, stating that the “L-G is not involved in any manner.” He further said that the scheme is run by a society headed by Delhi health minister. “It is the health minister who conducted a meeting on January 2 and released the funds.”

The court said, “File an affidavit to this effect. If we find the minister has taken us for a ride, we will impose exemplary cost.”

Senior advocate Abhishek Manu Singhvi, appearing for Delhi government with advocate Shadan Farasat, said that the position will be clear once the affidavit is filed. “The court may reserve its observations till the reply is filed,” Singhvi said.

As the hearing began, the bench was informed that a response was not filed by LG. The court even remarked: “Ask your LG not to make every issue a prestige issue.”

In the previous hearing, the bench had observed: “We don’t understand why one wing of the government is fighting with another wing,” while seeking the response of the LG.

The petition filed by advocate Nupur Kumar stated that the Delhi government sought disciplinary action against two officers -- Nutan Mundeja, the then Directorate General of Health Services, and SB Deepak Kumar, health secretary, for “deliberately orchestrating” the Farishtey scheme to be de-operationalised. “As a result of the aforesaid mismanagement and insubordination caused on purpose, as on date, there is a pending payment of ₹ ₹7.17 crore in respect of 42 private hospitals,” the petition added.

The scheme provided cashless treatment in private hospitals for road accident victims and money incurred on treatment was to be reimbursed by the Delhi Arogya Kosh at Ayushman Bharat Health Benefit Package 2.0 rates.

The Delhi government stated in its plea that with the enactment of the Government of National Capital Territory of Delhi (Amendment) Act, 2023, “services” fall under the jurisdiction of the LG, and using this power the scheme was sought to be frustrated.

“When the payment of bills of such private hospitals are halted, these hospitals stop taking patients under the scheme,” the petition said, pointing out that despite repeated reminders sent to the officials to clear payments -- including a letter written by chief minister Arvind Kejriwal to LG Saxena on October 27 -- the bills remain unpaid.

The 2023 Act has already been challenged by the Delhi government before the top court and has been referred to a Constitution bench.

The Delhi government sought to link the revival of Farishtey scheme to the pending challenge to the Act. “The sustained insubordination of the defaulting officials is also anti-democratic to the core, in so far as it violates the tenets of federalism. It amounts to the turning of the constitutional scheme embedded by way of Article 239AA on its head by making the Delhi government, which enjoys the mandate of the local people, a silent spectator in the matters of policy making and administration of NCT of Delhi,” the petition said.

According to the Delhi Road Crash Report, 1,239 people died in 4,720 road accidents in Delhi in 2021.